In re Citizenship of Cayetano [2013] MHHC 1; Civil Action 2011-193 (4 March 2013)

IN THE HIGH COURT
OF THE
REPUBLIC OF THE MARSHALL ISLANDS

CIVIL ACTION No. 2011-193

In re the Citizenship of VICENTE GALBERIO CAYETANO,

by

VICENTE GALBERIO CAYETANO,
Petitioner

DECREE RE ELIGIBILITY TO REGISTER AS A CITIZEN

On February 20, 2013, Vicente Galberio Cayetano ("petitioner") appeared in person and by counsel Witten T. Philippo. Also present in the Courtroom and identified by the petitioner were the petitioner's two children, Jenelyn Cayetano and Joselyn Cayetano, and the mother of the children, Hemruth Lani. The Republic was represented by Assistant Attorney General Rosalie A. Konou.

In reaching its findings and conclusions in this matter, the Court has considered the following: the Court's entire file in this matter; submissions by counsel; testimony by the petitioner, by Hemruth Lani, and by the Director of Immigration Paul Tonyokwe; documentary evidence, including a photocopy of the picture page of the petitioner's Republic of the Philippine's passport, no. WW0513100, Exhibit A, a certified copy of petitioner's daughter Jenelyn Cayetano's Certificate of Live Birth, Majuro 2008-____, Exhibit B, a certified copy of petitioner's daughter Joselyn Cayetano's Certificate of Live Birth, Majuro 2010-411, Exhibit C, petitioner's January 15, 2013 Ministry of Health Medical Clearance, Exhibit D, petitioner's February 20, 2013 Police Clearance from the Marshall Islands Department of Public Safety, Exhibit E (filed February 25, 2013), petitioner's February 20, 2013, Police Clearance from the Majuro Atoll Local Government Department of Public Safety, Exhibit F, and the February 13, 2013 Immigration Division Status Verification Record, Respondent's Exhibit 1 (C.A. 201-193); and the absence of a certificate of fitness for citizenship filed with the Court either by the Cabinet or the Minister of Justice.

Based upon the above, the Court finds as follows:

1. The Court has jurisdiction over this matter and the petitioner.

2. All material allegations of the petition have been proven.

3. The petitioner is 53 years old (dob August 20, 1959), a resident of the Republic of the Marshall Islands, and a citizen of the Republic of the Philippines.

4. The petitioner first arrived in the Republic of the Marshall Islands either in the 1999, according to petitioner's testimony, or in 2005, according to the Immigration Division records. In either event, the petitioner has been a legal resident of the Republic of the Marshall Islands for more than three years prior to today's date. This is confirmed by the Republic's Exhibit 1 (C.A. 201-193), which states "He [the petitioner] has been legally registered since he entered the RMI."